WATCH | UN court rules in favor of Philippines in sea row with China

From InterAksyon (Jul 12): WATCH | UN court rules in favor of Philippines in sea row with China



Reuters file photo of Chinese reclamation activity in the West Philippine Sea

The Permanent Court of Arbitration in The Hague has ruled, as widely expected, in favor of the Philippines, which sought a delineation of maritime entitlements in the South China Sea where it said China had violated its rights under a UN treaty that both Asian countries had signed.

One year after it held its first round of hearings on Manila's complaint, the 5-man arbitral tribunal on the United Nations Convention on the Law of the Sea (UNCLOS) unanimously issued a finding for the Philippines.

"The Award is final and binding, as set out in Article 296 of the Convention [UNCLOS] and Article 11 of Annex VII," said the decision.

On the substantial subject of China's claimed Historic Rights and the 'Nine-Dash Line,' which Manila directly challenged, the Tribunal "found that it has jurisdiction to consider the Parties' dispute concerning historic rights and the source of maritime entitlements in the South China sea."

It said China's claimed historic rights were "extinguished to the extent" they ran contrary to the exclusive economic zones (EEZs) provided for in the UNCLOS.

On the merits, the Tribunal concluded that the UNCLOS comprehensively allocates rights to maritime "areas and that protections for pre-existing rights to resources were considered, but not adopted in the Convention.

Accordingly, the Tribunal "concluded that, to the extent China had historic rights to resources in the waters of the South China Sea, such rights were extinguished to the extent they were incompatible with the exclusive economic zones provided for in the Convention."

This arbitration focused on "the role of historic rights and and the source of maritime entitllements in the South China Sea, the status of certain maritime features and the maritime entitlements they are capable of generating, and the lawfulness of certain actions by China that were alleged by the Philippines to violate the Convention," said the UN tribunal.

The Tribunal had emphasized that it does not rule on any question of sovereignty over land territory, and does not delimit any boundary between parties.

As for China's oft-repeated stand that "it will neither accept nor participate in the arbitration unilaterally initiated by the Philippines," the tribunal cited Annex VII, which provides that the "[a]bsence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings."

Annex VII also provides, the tribunal said, that in the event that a party does not participate in the proceedings, a tribunal "must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in fact and law."

Throughout the proceedings, the Tribunal said it "has taken steps to test the accuracy of the Philippines' claims, including by requesting further written submissions from the Philippines, by questioning the Philippines both prior to and during two hearings, by appointing independent experts to report to the Tribunal on technical matters, and by obtaining historical evidence concerning features in the South China Sea and providing it to the Parties for comment."

It cited China's publication of a Position Paper in December 2014 and in other official statements-- that, in its view, the Tribunal lacks jurisdiction in this matter.

The Tribunal recalled it settled that matter of jurisdiction under Article 288 of the Convention: "In the event of a dispute as to whether a court or tribunal has jurisdiction, the matter shall be settled by decision of that court or tribunal."

The Tribunal convened a hearing on jurisdiction and admissibility in July 2015 and rendered an Award on Jurisdiction and Admissibility on 29 October 2015, deciding some issues of jurisdiction and deferring others for further consideration. The Tribunal then convened a hearing on the merits from 24 to 30 November 2015.
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[Video Report]

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[Full text of ruling]

http://interaksyon.com/article/130256/watch--un-court-rules-in-favor-of-philippines-in-sea-row-with-china